In the United States, antitrust laws (fn1) are designed to promote competition and prevent unlawful alliances and agreements that restrain trade. The Sherman Act, in part, was a product of the early industrialization in the United States. Its purpose is "to preserve the competitive process and to channel it along socially productive lines."

The relationship between antitrust principles and trade and professional associations has continued to change and evolve over the last century. Generally speaking, trade and professional associations consist of individuals and corporations that join together to take a unified stance and actions to further their commercial and/or professional goals. Courts and antitrust enforcement agencies are aware and recognize that trade and professional associations are a useful and valuable tool, not only to their members, but to society and to the economy in general. With the recent expansion of the Internet and the internationalization of trade throughout the United States’ and the world’s economies, the need for industries to coordinate and interface their products, standards and business practices with trading partners is of paramount importance. Many times the goals of an industry as a whole are too lofty and not practical to be addressed by an independent company or single corporate effort. Associations play a vital role in bringing about change in a trade or industry. Significantly, the changes proposed by associations usually tend to improve the entire trade or industry. Associations must, however, be aware that they have inextricable relationship with the antitrust laws of the United States.

Associations often consist of manufacturers, importers, wholesalers, retailers, contractors, service providers, as well as other professional and/or trade groups. Given the close alliance of many associations, it is imperative that an association's members are cognizant of the antitrust laws. It is imperative to note that both state and federal agencies are duty bound to enforce antitrust laws. Absent an express antitrust exemption, all professional associations are subject to both state and federal antitrust laws.

As a rule, trade and professional associations when confronted with antitrust laws will be subject to a "rule of reason" analysis. Under a rule of reason analysis, trade and professional associations can usually conduct their business without serious antitrust concerns. Business activities that generally do not give rise to antitrust issues and concerns, although not an exhaustive list, include: sponsoring trade shows, publishing trade journals, collecting and disseminating industry data, lobbying, product and market research, advertising and promotion, seminars for industry members, monitoring and reporting on government actions, and educational activities in areas such as marketing, product development, codes of ethics, and best industry practices. Some activities that have in the past led to antitrust concerns include methods of distribution, terms and conditions of sale, exchange of price related information, joint research, and product standardization and certification programs. In a number of instances, membership criteria, and admission and expulsion practices have created antitrust issues. It must be emphasized, however, that mere membership in an association or attendance at association meetings and participation in the meetings are not in and of themselves discouraged by the antitrust laws. As stated, courts and antitrust enforcement agencies fully recognize the value of trade and professional associations as a means of enhancing competition and contributing overall in a positive way to the economy and the public interest.

An association member generally should not be concerned with antitrust liability for the illegal activities of the association or one of its members. Even if a member has knowledge of an illegal conspiracy, it is well established that the association member will most often not be faced with antitrust liability. In fact, it usually requires both knowledge and approval of the illegal act(s) before liability will attach to an association’s member. The courts have held that participation in a conspiracy will not be inferred merely because one is a member of a trade or professional association. Thus, knowledge of illegal acts are not typically sufficient for a member of a trade association to be found in violation of an antitrust law. It is, however, imperative that associations and their members acquire the most current information since antitrust principles are continuing to evolve. Associations must take appropriate steps to protect themselves and their members from potential violations of antitrust laws. It is recommended that trade and professional associations formulate appropriate rules and guidelines which their members must follow.

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fn1 The federal antitrust enforcement agencies are the Federal Trade Commission and the Antitrust Division of the Department of Justice. All 50 states now have some type of antitrust statute. However, there is little uniformity in among the various state’s statutory schemes. It is, therefore, essential to be familiar with the specifics of each state statute which may be implicated by an association's activities.  Nevertheless, all state statutes contain a section in their code that is analogous to Section 1 of the Sherman Act, and with few exceptions, an analogue to Section 2 of the Sherman Act.

fn3 See for example Protocol for Increased State Prosecution of Criminal Antitrust Offenses.